Adopted by House 3-6-08
SB564 HFIN AM
The Committee on Finance moves to amend the bill by striking
out everything after the enacting clause and inserting in lieu
thereof the following:
"That §18-19-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18B-10-1, §18B-10-5, §18B-10-6
and §18B-10-7 of said code be amended and reenacted, all to read as
follows:

CHAPTER 18. EDUCATION.

ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR SPOUSES AND CHILDREN OF
DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

(a) To be eligible for the benefits of this article, a child
or spouse set forth in section one of this article shall bemeet
the following conditions:
(1) In the case of a child, is at least sixteen and not more
than twenty-five years of age;
(2) Is enrolled in a post-secondary education or training
institution in this state; and
(3) Is the child or spouse of an enlistee who designated West
Virginia as his or her state of record.
(b) The application shall be made to, and upon forms provided
by, the West Virginia Division of Veterans' Affairs. The division
shall determine the eligibility of those who apply and the yearly
amount to be allotted each applicant. The amount, in the
discretion of the division, may vary from year to year, but may not
exceed the sum of one thousand dollars in any one semester or a
total of two thousand dollars in any one year. In selecting those
to receive the benefits of this article, preference shall be given
those who are otherwise financially unable to secure the
educational opportunities.

CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.

§18B-10-1. Enrollment, tuition and other fees at education
institutions; refund of fees.

(a) Each governing board shall fix tuition and other fees for
each school term for the different classes or categories of
students enrolling at each state institution of higher education
under its jurisdiction and may include among the tuition and fees
any one or more of the following as defined in section one-b of
this article:
(1) Tuition and required educational and general fees;
(2) Auxiliary and auxiliary capital fees; and
(3) Required educational and general capital fees.
(b) An institution may establish a single special revenue
account for each of the following classifications of fees:
(1) All tuition and required educational and general fees
collected;
(2) All auxiliary and auxiliary capital fees collected; and
(3) All required educational and general capital fees
collected to support existing systemwide and institutional debt
service and future systemwide and institutional debt service,
capital projects and campus renewal for educational and general
facilities.
(4) Subject to any covenants or restrictions imposed with
respect to revenue bonds payable from suchthe accounts, an
institution may expend funds from each such special revenue account
for any purpose for which funds were collected within that account
regardless of the original purpose for which the funds were
collected.
(c) The purposes for which tuition and fees may be expended
include, but are not limited to, health services, student
activities, recreational, athletic and extracurricular activities.
Additionally, tuition and fees may be used to finance a student's
attorney to perform legal services for students in civil matters at
the institutions: Provided, That the legal services are limited
only to those types of cases, programs or services approved by the
administrative head of the institution where the legal services are to be performed.
(d) The Commission and Council jointly shall propose a rule
for legislative approval in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code to govern the
fixing, collection and expenditure of tuition and other fees.(e) The Legislature finds that an emergency exists and,
therefore, the commission and council jointly shall file the rule
required by subsection (d) of this section as an emergency rule
pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code, subject to the prior approval of the
Legislative Oversight Commission on Education Accountability.(f)(e) The schedule of all tuition and fees, and any changes
thereinin the schedule, shall be entered in the minutes of the
meeting of the appropriate governing board and the board shall file
with the Commission or Council, or both, as appropriate, and the
Legislative Auditor a certified copy of suchthe schedule and
changes.(g)(f) The boards shall establish the rates to be charged
full-time students, as defined in section one-b of this article,
who are enrolled during a regular academic term.
(1) Undergraduate students taking fewer than twelve credit
hours in a regular term shall have their fees reduced pro rata
based upon one twelfth of the full-time rate per credit hour and
graduate students taking fewer than nine credit hours in a regular term shall have their fees reduced pro rata based upon one ninth of
the full-time rate per credit hour.
(2) Fees for students enrolled in summer terms or other
nontraditional time periods shall be prorated based upon the number
of credit hours for which the student enrolls in accordance with
the above provisions of this subsection.(h)(g) All fees are due and payable by the student upon
enrollment and registration for classes except as provided in this
subsection:
(1) The governing boards shall permit fee payments to be made
in installments over the course of the academic term. All fees
shall be paid prior to the awarding of course credit at the end of
the academic term.
(2) The governing boards also shall authorize the acceptance
of credit cards or other payment methods which may be generally
available to students for the payment of fees. The governing boards
may charge the students for the reasonable and customary charges
incurred in accepting credit cards and other methods of payment.
(3) If a governing board determines that a student's finances
are affected adversely by a legal work stoppage, it may allow the
student an additional six months to pay the fees for any academic
term. The governing board shall determine on a case-by-case basis
if the finances of a student are affected adversely.
(4) The Commission and Council jointly shall propose a rule in accordance with the provisions of article three-a, chapter
twenty-nine-a of this code defining conditions under which an
institution may offer tuition and fee deferred payment plans
through the institution or through third parties.
(5) An institution may charge interest or fees for any
deferred or installment payment plans.(i)(h) In addition to the other fees provided in this
section, each governing board may impose, collect and distribute a
fee to be used to finance a nonprofit, student-controlled public
interest research group if the students at the institution
demonstrate support for the increased fee in a manner and method
established by that institution's elected student government. The
fee may not be used to finance litigation against the institution.(j)(i) Institutions shall retain tuition and fee revenues not
pledged for bonded indebtedness or other purposes in accordance
with the tuition rule proposed by the Commission and Council
jointly pursuant to this section. The tuition rule shall:
(1) Provide a basis for establishing nonresident tuition and
fees;
(2) Allow institutions to charge different tuition and fees
for different programs;
(3) Provide that a board of governors may propose to the
Commission, Council or both, as appropriate, a mandatory auxiliary
fee under the following conditions:
(A) The fee shall be approved by the Commission, Council or
both, as appropriate, and either the students below the senior
level at the institution or the Legislature before becoming
effective;
(B) Increases may not exceed previous state subsidies by more
than ten percent;
(C) The fee may be used only to replace existing state funds
subsidizing auxiliary services such as athletics or bookstores;
(D) If the fee is approved, the amount of the state subsidy
shall be reduced annually by the amount of money generated for the
institution by the fees. All state subsidies for the auxiliary
services shall cease five years from the date the mandatory
auxiliary fee is implemented;
(E) The Commission, Council or both, as appropriate, shall
certify to the Legislature annually by the first day of October in
the fiscal year following implementation of the fee, and annually
thereafter, the amount of fees collected for each of the five
years;
(4) Establish methodology, where applicable, to ensure that,
within the appropriate time period under the compact, community and
technical college tuition rates for community and technical college
students in all independently accredited community and technical
colleges will be commensurate with the tuition and fees charged by
their peer institutions.(k)(j) A penalty may not be imposed by the Commission or
Council upon any institution based upon the number of nonresidents
who attend the institution unless the Commission or Council
determines that admission of nonresidents to any institution or
program of study within the institution is impeding unreasonably
the ability of resident students to attend the institution or
participate in the programs of the institution. The institutions
shall report annually to the Commission or Council on the numbers
of nonresidents and such other enrollment information as the
Commission or Council may request.(l)(k) Tuition and fee increases of the governing boards,
except for the governing boards of the state institutions of higher
education known as Marshall University and West Virginia
University, are subject to rules adopted by the Commission and
Council jointly pursuant to this section and in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code.
(1) Subject to the provisions of subdivisions (4) and (8) of
this subsection, a governing board of an institution under the
jurisdiction of the Commission may propose tuition and fee
increases of up to nine and one-half percent for undergraduate
resident students for any fiscal year. The nine and one-half
percent total includes the amount of increase over existing tuition
and fees, combined with the amount of any newly established
specialized fee which may be proposed by a governing board.
(2) A governing board of an institution under the jurisdiction
of the Council may propose tuition and fee increases of up to four
and three quarters percent for undergraduate resident students for
any fiscal year except a governing board may propose increases in
excess of four and three quarters percent if existing tuition and
fee rates at the institution are below the state average for
tuition and fees at institutions under the jurisdiction of the
Council. The four and three-quarters percent total includes the
amount of increase over existing tuition and fees, combined with
the amount of any newly established, specialized fee which may be
proposed by a governing board.
(3) The Commission or Council, as appropriate, shall examine
individually each request from a governing board for an increase.
(4) Subject to the provisions of subdivision (8) of this
subsection the governing boards of Marshall University and West
Virginia University, as these provisions relate to the state
institutions of higher education known as Marshall University and
West Virginia University, each may annually:
(A) Increase tuition and fees for undergraduate resident
students to the maximum allowed by this section without seeking
approval from the Commission; and
(B) Set tuition and fee rates for post-baccalaureate resident
students and for all nonresident students, including establishing
regional tuition and fee rates, reciprocity agreements or both.
(C) The provisions of this subdivision do not apply to tuition
and fee rates of the administratively linked institution known as
Marshall Community and Technical College, the administratively
linked institution known as the Community and Technical College at
West Virginia University Institute of Technology, the regional
campus known as West Virginia University at Parkersburg and, until
the first day of July, two thousand seven, the regional campus
known as West Virginia University Institute of Technology.
(5) Any proposed tuition and fee increase for state
institutions of higher education other than the state institutions
of higher education known as Marshall University and West Virginia
University requires the approval of the Commission or Council, as
appropriate. In determining whether to approve or deny the
governing board's request, the Commission or Council shall
determine the progress the institution has made toward meeting the
conditions outlined in this subdivision and shall make this
determination the predominate factor in its decision. The
Commission or Council shall consider the degree to which each
institution has met the following conditions:
(A) Has maximized resources available through nonresident
tuition and fee charges to the satisfaction of the Commission or
Council;
(B) Is consistently achieving the benchmarks established in
the compact of the institution pursuant to the provisions of article one-a of this chapter;
(C) Is continuously pursuing the statewide goals for
post-secondary education and the statewide compact established in
articles one and one-a of this chapter;
(D) Has demonstrated to the satisfaction of the Commission or
Council that an increase will be used to maintain high-quality
programs at the institution;
(E) Has demonstrated to the satisfaction of the Commission or
Council that the institution is making adequate progress toward
achieving the goals for education established by the southern
regional education board; and
(F) To the extent authorized, will increase by up to five
percent the available tuition and fee waivers provided by the
institution. The increased waivers may not be used for athletics.
(6) This section does not require equal increases among
institutions or require any level of increase at an institution.
(7) The Commission and Council shall report to the Legislative
Oversight Commission on Education Accountability regarding the
basis for each approval or denial as determined using the criteria
established in subdivision (5) of this subsection.
(8) Notwithstanding the provisions of subdivisions (1) and (4)
of this subsection, tuition and fee increases at state institutions
of higher education which are under the jurisdiction of the
Commission, including the state institutions of higher education known as Marshall University and West Virginia University, are
subject to the following conditions:
(A) Institutions may increase tuition and fees for resident,
undergraduate students by no more than an average of seven and
one-half percent per year during any period covering four
consecutive fiscal years, with the first fiscal year of the first
four-fiscal year cycle beginning on the first day of July, two
thousand seven;
(B) The seven and one-half percent average cap does not apply
to an institution for any fiscal year in which the total state base
operating budget appropriations to that institution are less than
the total state base operating budget appropriations in the fiscal
year immediately preceding;
(C) A new capital fee or an increase in an existing capital
fee is excluded from the tuition and fee increase calculation in
this subdivision:
(i) If the new fee or fee increase is approved by an
institutional governing board or by a referendum of an
institution's undergraduate students, or both, on or before the
first day of February, two thousand six; or
(ii) If the following conditions are met:
(I) The new fee or fee increase was approved by an
institutional governing board or by a referendum of an
institution's undergraduate students, or both, on or before the first day of July, two thousand six;
(II) The institution for which the capital fee is approved has
been designated a university pursuant to the provisions of section
six, article two-a of this chapter by the effective date of this
section; and
(III) The institutional board of governors previously oversaw
a community and technical college that achieved independent
accreditation and consequently acquired its own board of governors;
(D) Institutions shall provide, in a timely manner, any data
on tuition and fee increases requested by the staff of the
Commission. The Commission has the power and the duty toshall:
(i) Collect suchthe data from any institution under its
jurisdiction; and
(ii) Annually by the first day of July, provide a detailed
analysis of the institutions' compliance with the provisions of
this subdivision to the Legislative Oversight Commission on
Education Accountability.
§18B-10-5. Fee waivers -- Undergraduate schools.
Each governing board periodically may establish fee waivers
for students in undergraduate studies at institutions under its
jurisdiction entitling recipients to waiver of tuition, capital and
other fees subject to the following conditions and limitations:
(a) Undergraduate fee waivers established by the governing
boards of Marshall University and West Virginia University, respectively, for the state institutions of higher education known
as Marshall University and West Virginia University, are subject to
the provisions of section six-a of this article;
(b) For the governing boards of state institutions of higher
education other than the state institutions of higher education
known as Marshall University and West Virginia University, the
following conditions apply:
(1) An institution may not have in effect at any time a number
of undergraduate fee waivers which exceeds five percent of the
number oftotaling more in value than five percent of the tuition
and required fees assessed for all full-time equivalent
undergraduate students registered during the fall semester of the
immediately preceding academic year.
(2) Each undergraduate fee waiver entitles the recipient
thereofof the waiver to attend a designated state institution of
higher education without payment of the tuition, capital and other
fees as may be prescribed by the governing board and is for a
period of time not to exceed eight semesters of undergraduate
study.
(3) The governing board shall make rules pursuant to the
provisions of section six, article one of this chapter governing
the award of undergraduate fee waivers; the issuance and
cancellation of certificates entitling the recipients to the
benefits thereofof the waiver; the use of the fee waivers by the recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of undergraduate fee waivers shall be entered
in the minutes of the meetings of the governing board.
(5) Students enrolled in an administratively linked community
and technical college shall be awarded a proportionate share of the
total number of undergraduate fee waivers awarded by a governing
board. The number to be awarded to students of the community and
technical college is based upon the full-time equivalent enrollment
of that institution.(6) An institution may grant fee waivers to its employees,
their spouses and dependents, and these waivers are not counted
when determining the maximum percentage of waivers permitted by
this section.(7) Any fee waivers mandated by this article or by section
three, article nineteen, chapter eighteen of this code are not
counted when determining the maximum percentage of waivers
permitted by this section.§18B-10-6. Fee waivers -- Professional and graduate schools.
In addition to the fee waivers authorized for undergraduate
study by the provisions of section five of this article, each
governing board periodically may establish fee waivers for study in
graduate and professional schools under its jurisdiction, including medicine and dentistry, entitling the recipients to waiver of
tuition, capital, and other fees, subject to the following
conditions and limitations:
(a) Graduate and professional fee waivers established by the
governing boards of Marshall University and West Virginia
University, respectively, are subject to the provisions of section
six-a of this article;
(b) For the governing boards of state institutions of higher
education other than the state institutions of higher education
known as Marshall University and West Virginia University, the
following conditions apply:
(1) An institution may not have in effect at any time a number
of graduate and professional school fee waivers which exceeds five
percent of the number oftotaling more in value than five percent
of the tuition and required fees assessed for all full-time
equivalent graduate and professional students registered during the
corresponding fall semester, spring semester and summer term of the
immediately preceding academic year. In addition to the above five
percent in this subdivision, all graduate assistants employed by
these institutions shall be granted a fee waiver.
(2) Each graduate or professional school fee waiver entitles
the recipient to waiver of the tuition, capital and other fees as
may be prescribed by the governing boards and is for a period of
time not to exceed the number of semesters normally required in the recipient's academic discipline.
(3) The governing boards shall make rules pursuant to the
provisions of section six, article one of this chapter governing
the award of graduate and professional school fee waivers; the
issuance and cancellation of certificates entitling the recipients
to the benefits thereofof the waivers; the use of the fee waivers
by the recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board.(5) An institution may grant fee waivers to its employees,
their spouses and dependents, and these waivers are not counted
when determining the maximum percentage of waivers permitted by
this section.(6) Any fee waivers mandated by this article or by section
three, article nineteen, chapter eighteen of this code are not
counted when determining the maximum percentage of waivers
permitted by this section.

§18B-10-7. Tuition and fee waivers for children and spouses of
officers, firefighters, National Guard personnel,
reserve personnel and active military duty
personnel killed in the line of duty.

(a) Each state institution of higher education shall permit
any person to attend its undergraduate courses and classes if
classroom space is available without charging the person any
tuition or any fees, if (1) the personwaive tuition and fees for
any person who is the child or spouse of an individual who:(1) Was employed or serving as:
(A) A law-enforcement officer as defined in section one,
article twenty-nine, chapter thirty of this code;
(B) A correctional officer at a state penal institution;
(C) A parole officer;
(D) A probation officer;
(E) A conservation officer; or
(F) A registered firefighter; and
(2) Was killed in the line of duty while:
(A) Employed by the state or any political subdivision of the
state; or
(B) A member of a volunteer fire department serving a
political subdivision of this state.
(b) Each state institution of higher education shall waive
tuition and fees for any person who is the child or spouse of:
(1) A National Guard member or a member of a reserve component
of the armed forces of the United States killed in the line of
duty. The member is considered to have been killed in the line of
duty if death resulted from performing a duty required by his or her orders or commander while in an official duty status, other
than on federal active duty, authorized under federal or state law;
or
(2) A person on federal or state active military duty who is
a resident of this state and is killed in the line of duty. The
person is considered to have been killed in the line of duty if
death resulted from performance of a duty required by his or her
orders or commander while in an official duty status.
(c) Any waiver granted pursuant to this section is subject to
the following:
(1) The recipient may attend any undergraduate course if
classroom space is available;
(2) The recipient has applied and been admitted to the
institution;
(3) The recipient has applied for and submitted the Free
Application for Federal Student Aid;
(4) The recipient has exhausted all other sources of student
financial assistance dedicated solely to tuition and fees that
exceed other grant assistance that are available to him or her,
excluding student loans;
(5) Waiver renewal is contingent upon the recipient continuing
to meet the academic progress standards established by the
institution.(d) The state institution of higher education may require the person to pay:
(1) Special fees, including any laboratory fees, if the fees
are required of all other students taking a single course or that
particular course; and
(2) Parking fees.(c)(e) The governing boards may promulgate rules:
(1) For determining the availability of classroom space;
(2) As it considers necessary to implement this section; and
(3) Regarding requirements for attendance, which may not
exceed suchthe requirements for other persons.(d)(f) The governing boards may extend to persons attending
courses and classes under this section any rights, privileges or
benefits extended to other students which it considers
appropriate."